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Arival Bank

TERMS OF USE

Arival Bank
Date Last Revised: June 30, 2023
  1. General Terms
  2. Accepting the Terms
  3. Privacy and Your Personal Information
  4. Notice and Consent to Communications by Electronic Means
  5. Description of Services
  6. Reports, Information, and Materials
  7. Warranties and Disclaimers
  8. Your Registration Information
  9. Your use of the Services
  10. Intellectual Property Rights
  11. Disclaimer of Representations and Warranties
  12. Limitation of Liability
  13. Indemnification
  14. Termination
  15. Modifications
  16. Miscellaneous Provisions

General Terms

This Arival Bank International Corp. Terms of Use Agreement (“Agreement”) governs any access to, interaction with or use of the websites, applications and/or technology platform (collectively “Sites”) offered, operated or made available by Arival Pte. Ltd., with its registered address at 2 Shenton Way, #15-04, SGX Centre I, Singapore 068804, its subsidiaries and/or affiliates (together with its subsidiaries and affiliated companies – “Arival”, “we”, “our”, or “us”), together with its associated service offerings, including those that integrate with third-party payments, accounting, banking, financial institutions, and other related Financial Services Providers (collectively, our “Financial Services Providers”), in order to provide guidance and management tools (collectively, the Arival “Services”). If the Services that you are using involve the collection and analysis of your financial transaction data, you consent to the portions of this Agreement, along with the Arival Privacy Policy and additional legal documents  on this site, that govern Arival’s right to collect and use such data as indicated. Other aspects of the Services may be covered by other terms, conditions and agreements with Arival, including, but not limited to, agreements with Arival’s Financial Services Providers. 
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By accepting electronically (by, for example, clicking “I Agree”), or by installing, accessing or using the Services, you signify that you have read and understood, and agree to be bound by, the terms and conditions of this Agreement and Arival Privacy and Security Policy (“Privacy Policy”), as they may be amended from time to time in the future (see “Modifications” below) as well as, to the extent applicable, the terms of service of any of Arival’s Financial Services Providers. If you do not agree to this Agreement, then you may not use the Services.

Accepting the Terms

By using the information, tools, features, software and functionality including content, updates and new releases provided by Arival, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Arival website) or a “Member” (which means that you have registered with Arival). The term “you”, “You”, or “User” refers to a Visitor or Member.  If you wish to become a Member, communicate with other Members or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.  Being bound by this Agreement, you accept and acknowledge by the terms of this Agreement, including, but not limited to, the following:
  1. All banking and transaction related services are provided by Arival as well as its Financial Services Providers and third parties, unless otherwise specified. By using our Services, you grant us the right, power, and authority to act on your behalf to access and transmit your personal and financial information to and from our Financial Services Providers for the purposes of, amongst other things, verifying your identity or executing your instructions.
  2. You may not use the Arival Services if you do not meet our eligibility requirements, which we may change from time to time at our sole discretion. You represent that you have the capacity to be bound by this Agreement and, if you are acting on behalf of a company or entity, that you are duly authorized to bind such entity. Access to banking and related financial services provided in connection with the Arival Services may be subject to the additional eligibility requirements of our Financial Services Providers. Applicants should carefully read the terms and conditions of any of Arival’s Financial Services Providers for additional information on the eligibility requirements for the use of their services.
  3. CHILDREN. You may not accept this Agreement or access the Services if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Arival.
  4. Access to your Account and the services offered under this Agreement is limited to your use of Services engaged through the Platform Website and/or the Mobile App (iOS or Android) unless we notify you otherwise. Before you continue, you should print or save a local copy of this Agreement for your records. YOU UNDERSTAND THAT BY BECOMING A MEMBER OF THE SERVICES, YOU AUTHORIZE ARIVAL TO ACCEPT ALL INSTRUCTIONS PROVIDED TO ARIVAL ON YOUR BEHALF.

Privacy and your Personal Information.

  1. You can view the Privacy Policy on the Sites for the Services. You agree to the applicable Privacy, and any changes published by Arival. You agree that Arival may use and maintain your data according to the Privacy Policy, as part of the Services. You give Arival permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Arival services. For example, this means that Arival may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Arival may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
  2. Information we collect from you for any reason is governed and protected by our Privacy Policy. You can view the  Privacy Policy  on our website.  By accepting this Agreement, you agree to be bound by our Privacy Policy, and any changes to it subsequently published by Arival by Electronic Means. You agree that Arival may use and maintain your data according to the Privacy Policy, as part of the Services and in conjunction with the provision of the Services.  All management of Personal Information shall be governed by the Arival Privacy Policy  unless otherwise agreed upon between a Member and Arival. 
  3. When you apply to become a Member, you will be asked to provide us certain personal information sufficient for us to establish your legal identity depending on the Services you have requested. Such personal information may include, but is not limited to, your name, contact information, date of birth and, if applicable, a government-issued form of identification or another form of photographic identification acceptable to us.  
  4. If you are applying on behalf of a business as its owner, officer or authorized agent, we may ask for certain information about the business in addition to personally identifying information about you and the business’ beneficial owners and/or officers, including, but, not limited to, the registered business name and state of incorporation, the business address, ownership structure, and the nature of the business. We may also request documents to help us verify to our satisfaction the veracity of the information you provide us, including, but not limited to, a corporate registration certificate, proof of address, resolution of incumbency, and any other documentary evidence that can be used to verify the existence of the business and your capacity to act on its behalf.
  5. We may share this information with third-party service providers for the purpose of confirming the veracity of your identity and credit history.  Please refer to Section 8, below, for additional information on the steps we may take to verify your identity based on the information you provide us in connection with opening an account.  
  6. You give Arival permission to aggregate information you enter or upload to the Services with that of other Users of the Services and/or other Arival services. For example, this means that Arival may use your and other Users’ non-identifiable, aggregated data to improve the Services or to design promotions. Arival may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

Notice and Consent to Communications by Electronic Means

  1. All communications with Arival via the Arival Services (including the Website and mobile application) shall be governed by the Arival Electronic Communications and E-Signature Agreement.
  2. To the fullest extent permitted by the law and the terms of this Agreement, Arival will provide all notices and communications from us regarding this Agreement or the Services to you by “Electronic Means,” meaning by displaying links to notices generally on the Site or by sending them with your consent to the e-mail address that you have provided to us.  
  3. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the body of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.  
  4. Arival reserves the right to make unilateral modifications to our policy to communicate with you via Electronic Means only.  In case we do so, we will provide notice of these changes by Electronic Means.  You may download or print a paper copy of any communication transmitted by Electronic Means and retain it for your records.  All communications sent via Electronic Means will be considered to be "in writing," and will be deemed received by you no later than twenty-four (24) hours after posting or dissemination, whether or not you have received or retrieved the communication.  
  5. By providing us with your e-mail address in connection with accessing the Services, you represent that you have the ability to receive communications by Electronic Means, and you consent to receive all required notices from us electronically in accordance with this Section 3.  
  6. You may withdraw your consent to receive communications electronically at any time.  To withdraw your consent after submitting your application and accepting the terms of this Agreement, please send us an e-mail at support@arival.com, with the Subject Line “ESIGN Consent Revocation.”  Please note, as a consequence of withdrawing your consent to receive communications electronically, Arival may terminate your right to access the Services under this Agreement.  You acknowledge that your ability to access the Services may be terminated as a result of your revocation of consent under this Section 3, and you accept sole liability for any consequences resulting from such termination of Services to the fullest extent permitted by law. 

Description of Services

Provided you have agreed to comply with and are bound by this Agreement, you may access and use the portions of the Arival Services that Arival has made accessible to you, subject to and in compliance with this Agreement and all applicable local, state, and national laws, rules and regulations. Your right to access and use the Arival Services is non-exclusive, non-transferable, non-sublicensable, and fully revocable. Use of any Arival Services that are subject to special registration, restricted access or payment are further subject to other terms and conditions specified by Arival for the use of such other Arival Services.  Additional terms and conditions may be applicable to your use of services provided by our Financial Services Providers.
  • Arival’s Services
    1. Institutional Financial Services. Arival provides web- and mobile app-based software services that enable its Members to communicate with Arival’s Partner Financial Institutions and Third-Party Financial Technology Companies to view accounts,open accounts, and access certain financial services. All online bank account and funds transfer services are provided by Arival’s Partner Financial Institutions. Arival does not receive, hold or transmit funds directly at this time. Any fund amounts displayed in your account(s) on the Service are held in accounts opened on your behalf with one or more of our Partner Financial Institutions, and all transactions and funds transfers reflected in your account balances on the Service are the result of transactions executed by third-parties on your instructions. Our role with respect to any instructions you issue through the Sites and/or Services regarding your account(s) is that of agent and facilitator. In our capacity as your agent, you acknowledge that transactions will proceed along timeframes beyond our ability to influence or control. You further understand and acknowledge that such transactions may be limited, delayed or denied through no fault of Arival or the Services.
  • Financial Services Providers
    1. Additional Financial Services. Arival provides web- and mobile app-based software services that enable its Members to communicate with Arival’s Services Providers to take advantage of various financial technology services through the Arival Services. All such services are provided by Arival’s Financial Service Providers, and are subject to the terms and conditions of those third-party service providers.
  • Additional Terms of Service
    1. Financial services provided through the Service by our Financial Services Providers are governed by the applicable terms of our Financial Services Providers in addition to the terms and conditions of this Agreement. Arival will make available the terms and conditions applicable to the services of our Financial Services Providers accessible to you through the Service. As agent for our Financial Services Providers for some purposes, including collecting and transmitting information regarding your identity from you to them, our Financial Services Providers will be solely responsible for some of the services described in these agreements, while other matters will be handled jointly between Arival and its Financial Institutions Service Providers, or by Arival directly.
    2. In order to provide services as your agent with respect to our Financial Services Providers, you understand that we may share personal information we have already collected from you under this Agreement at account opening with our Financial Services Providers, or otherwise request, collect and share additional information from you, such as account login credentials and account and routing numbers. This information is necessary for our Financial Services Providers to determine your eligibility for their services. To help the government fight the funding of terrorism and money laundering activities, the federal laws of the United States of America, including the USA PATRIOT Act, require all U.S. financial institutions to obtain, verify and record information that identifies each person or business that opens an account. For you, this means that when you use the services of our Financial Services Providers, they will be obligated by law to ask for your name, address, date of birth, and other personal information to verify your identity. Financial Services Providers will also be required by law to ask to see a form of identification with your photograph, and they may also ask to see other identifying documents.
    3. ARIVAL MAKES NO REPRESENTATIONS OR WARRANTIES RELATING TO YOUR FUNDS OR ACCOUNT BALANCES, INCLUDING WHETHER AMOUNTS HELD IN ACCOUNTS WITH OUR FINANCIAL INSTITUTION SERVICE PROVIDERS ARE ELIGIBLE FOR ANY GOVERNMENT SPONSORED INSURANCE SCHEME SUCH AS THAT ADMINISTERED BY THE U.S. FEDERAL DEPOSIT INSURANCE CORPORATION. PLEASE REFER TO THE TERMS AND CONDITIONS APPLICABLE TO YOUR ACCOUNT OFFERED BY OUR FINANCIAL INSTITUTION SERVICE PROVIDERS FOR SUCH INFORMATION. UNLESS NOTIFIED OTHERWISE IN THE AGREEMENTS MAINTAINED BY OUR FINANCIAL SERVICES PROVIDER REGARDING YOUR ACCOUNT, BALANCES HELD WITH OUR FINANCIAL SERVICES PROVIDER MAY LOSE VALUE IN THE EVENT THAT THE FINANCIAL INSTITUTIONS ENTERS RESOLUTION PROCEEDINGS.
  • Other Services
    • Arival may, from time to time, offer additional services or remove services without prior notice to you. You agree to be bound by the terms and conditions of such services as they may be offered to you.

    Reports, Information and Materials.

    Arival may, in connection with the Services, provide reports, information and other content to you, including without limitation general informational communications or postings, reports, analyses, summaries and/or evaluations of your Account Information as well as any Arival logos, marks, names or designs (collectively, “Content”). Content made available through the Arival Services is protected by applicable intellectual property rights and is the property of Arival, its third-party licensors and partners (as applicable), and other entities that provide such Content to Arival. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Arival Services hereunder. You will not, and have no rights to, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Content. Arival and its licensors make no representations or warranties regarding the accuracy or completeness of the Content. 

    Warranties & Disclaimers

    1. ALL ARIVAL CONTENT AND SERVICES (INCLUDING THOSE OF THIRD PARTIES) ARE PROVIDED FOR YOUR CONVENIENCE ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH REGARD TO THE SITE, THE SERVICES, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SITE OR THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ARIVAL AND ITS SERVICE PROVIDERS DO NOT WARRANT, GUARANTEE, SUPPORT, VERIFY OR OTHERWISE HAVE ANY RESPONSIBILITY FOR THE COMPLETENESS, TRUTHFULNESS, ACCURACY, DESIRABILITY, PROFITABILITY OR RELIABILITY OF ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY REPORTS, ANALYSES, SUMMARIES AND/OR EVALUATIONS OF YOUR ACCOUNT INFORMATION. ALL USE OF AND RELIANCE UPON ANY SUCH INFORMATION (OR ANY CONTENT) BY YOU SHALL BE SOLELY YOUR RESPONSIBILITY AND AT YOUR SOLE RISK. 
    2. The Site and its content are subject to change at any moment. Accordingly, due to the content of the Site being dynamic in nature, while Arival cannot guarantee that the content accessed through the Site is the most current when accessed by you, reasonable steps are taken by Arival to update the site and its contents.

    Your Registration Information

    1. In order to allow you to use the Services, you will need to sign up for an account with Arival.  We will ask for the information in this Section 8 and Section 4, above, for the purposes of verifying your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your e-mail address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Arival cannot verify your identity, we can refuse to allow you to use the Services.  
    2. You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID e-mail address, allows you to access the Sites. That Login ID and password, together with any mobile number or other information you provide form your “Registration Information.” If any material information you provide to Arival in connection with the Services changes or is updated, you agree to promptly notify Arival about such changes and provide updated information. You agree not to (a) use the account, username, or password of another user, or (b) disclose your password to, or share your account with, any third party or allow or authorize any person to use your account or Login ID with Arival.  
    3. You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your Login ID e-mail address, allows you to access the Sites. That Login ID and password, together with any mobile number or other information you provide form your “Registration Information.” If any material information you provide to Arival in connection with the Services changes or is updated, you agree to promptly notify Arival about such changes and provide updated information. You agree not to (a) use the account, username, or password of another user, or (b) disclose your password to, or share your account with, any third party or allow or authorize any person to use your account or Login ID with Arival.  
    4. If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Arival immediately at the e-mail address support@arival.com with the Subject Line: Unauthorized Use. If you are supplying personally identifiable information, please communicate that information only through the Arival e-mail address above. 

    Your Use of the Services

    1. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Arival to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.  We may limit or suspend your access to our services or take other actions against you if the information you provide us is incorrect.
    2. You may not use the Services in any manner that may impair, overburden, damage, disable or otherwise compromise (i) the Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Arival Sites (the “Authorized Device”). You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Arival Sites, including, without limitation, any usage rules set forth in an online application store terms of service.  We may limit or suspend your access our services or take other actions against you if you breach these terms of service.
    3. Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Arival, in its sole discretion, may elect to take. In no event will Arival be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. 
    4. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Arival to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

    Intellectual Property Rights

    1. The Arival name, logos, service marks, and trademarks of Arival, (collectively “Marks”) and may not be copied, imitated or used, in whole or in part, without the prior written permission of Arival. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Arival, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Arival. 
    2. You hereby acknowledge that Arival owns all rights, title and interest in and to the Arival Applications, Sites, Services, and to any and all proprietary and confidential information contained therein (“Arival Information”). The Arival Applications and Arival Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. Any unauthorized use of the Services, Site or their contents may violate such laws. You agree that you will not (and will not allow any third party to) (i) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, reverse compile or disassemble the Arival Services or otherwise attempt to derive source code from the Arival Applications; (ii) copy, distribute, transfer, sell or license the Arival Applications; (iii) transfer the Arival Services to, or use the Arival Services on, a device other than an Authorized Device; (iv) take any action to circumvent, compromise or defeat any security measures implemented in the Arival Services; (v) use the Arival Applications to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (vi) remove, obscure, or alter Arival’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Arival Applications. 
    3. Third-Party Intellectual Property. Arival works closely with Third-Parties in order to provide Members with the most effective and comprehensive financial services tools. All product names, logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
    3.1. “Facebook”, , , are all registered trademarks of Facebook, Inc.

    3.2. “LinkedIn”, , are all registered trademarks of LinkedIn Corporation

    3.3. Instagram, , are all registered trademarks of Instagram, LLC

    3.4. “Twitter", , are all registered trademarks of Twitter, LLC

    Disclaimer of Representations and Warranties.

    The information and materials contained in Arival Applications, including text, graphics, links or other items are provided “as is”, “as available”. Arival does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer viruses or other harmful computer code, files or programs, is given in conjunction with the information and materials. 

    Limitation of Liability

    1. ARIVAL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM (i) YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF ARIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY TRANSACTION OR INFORMATION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ARIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM THAT RESULTS FROM SUCH USE. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 
    2. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ARRIVAL’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00. 

    Indemnification.

    By accepting these Terms and Conditions, you agree to indemnify, defend, and otherwise hold harmless Arival, each of its affiliates and each of their respective officers, directors, employees, agents, partners and representatives from any and all losses and damages (whether direct, indirect, incidental, special, consequential, punitive or exemplary) and costs and expenses (including reasonable attorneys’ fees and expenses) arising or resulting from or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.

    Termination.

    This Agreement will continue to apply until terminated by either you or Arival as set out below. If you want to terminate your legal agreement with Arival, you may do so as follows: to close your account for the Arival Service, please send us an e-mail at support@arival.com, with the Subject Line “Account Closure”. 
    Arival, may at any time, terminate its legal agreement with you and your access to the Services: 
  • If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); 
  • If Arival in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); 
  • For any reason and at any time with or without notice to you; or 
  • Immediately upon notice, to the e-mail address provided by you as part of your Registration Information. 
    • You acknowledge and agree that Arival may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Arival shall not be liable to you or any third party for any termination of your access to the Services. 

    Modifications.

    1. This Agreement applies to all Arival Sites and Services, both now and in the future. Arival reserves the right in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all Arival Services without advance notice. Any new content, including new features that augment or enhance the current content such as the release of new products and services, are governed by the most current version of this Agreement posted on the Site. If you are a user of the Arival Services you will be notified. Your use of the Site will be subject to the most current version of the Agreement posted on the Site at the time of each use, and your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. You agree that Arival shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. You should periodically visit the Terms of Use page of the Site to review the then current Terms of Use to which you agree to be bound. 
    2. Arival may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by Electronic Means (i.e., via e-mail or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.

    Miscellaneous Provisions

    1. Security. You are responsible for maintaining the confidentiality of your information, and for restricting access to your computer. Arival shall not be responsible for the misuse of your information or computer. You agree to accept responsibility for all activities that occur from your computer.
    2. Links to Third-Party Sites. Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Arival of the third party, the third-party web site, or the information contained therein. Arival is not responsible for the availability of any such web sites. Arival is not responsible or liable for any such web site or the content thereon. If you use these links you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.
    3. International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction. Any offering made in connection with this Site is void where prohibited.
    4. Governing Law and Forum for Disputes. Laws of the Commonwealth of Puerto Rico governs this Agreement without regard to its conflicts of laws provisions.

      ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION; THE ARBITRATOR SHALL APPLY PUERTO RICO LAW TO ALL OTHER MATTERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ANY PARTY TO THE ARBITRATION MAY AT ANY TIME SEEK INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND ARIVAL ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
    5. Severability Clause. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
    6. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
    7. Entire Agreement. These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. No waiver by Arival of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. If you have any questions regarding these Terms, the Site, the Site content or offerings, please contact us at: support@arival.com.
    IF YOU DO NOT AGREE TO THE PRECEDING TERMS AND CONDITIONS OF USE, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.
    Arival Bank International Corp.
    Arival Bank

    Arival Bank is licensed and regulated by the Office of the Commissioner of Financial Institutions in Puerto Rico as an International Financial Entity (license #IFE-065). Arival Bank International Corp. is not directly insured by the FDIC, FSCS or DGS. Any applicable deposit insurance is provided through our settlement partners.

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    Arival Bank International Corp.
    1250 Ponce de León Ave., Ste 504
    San Juan, PR 00907-3914, United States
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